Terrorist organisations

A terrorist organisation is an organisation that:

• a court finds is directly or indirectly engaged in preparing, planning, assisting or fostering the doing of a terrorist act
  or
• the government has listed as a terrorist organisation by regulations.

Listing of terrorist organisations

The government can list an organisation as a terrorist organisation if the Attorney-General is satisfied that it:

• is engaged in preparing, planning, assisting or fostering the doing of a terrorist act
  or
• advocates the doing of a terrorist act.

An organisation advocates the doing of a terrorist act if it directly or indirectly:

• counsels, promotes, encourages or urges the doing of a terrorist act
• gives instruction on the doing of a terrorist act
• directly praises the doing of a terrorist act, where there is a substantial risk that this praise might lead someone to engage in a terrorist act.

The Attorney-General may add or remove the name of an alias to a listed terrorist organisation. .

The Parliamentary Joint Committee on Intelligence and Security publicly reviews the Attorney-General's decision to list an organisation as a terrorist organisation or add or remove the name of an alias.

Any individual or organisation can apply to the Attorney-General to de-list an organisation on the grounds that it does not meet the thresholds for listing. If the Attorney-General has not received an application of this kind in the past 12 months for that organisation, they must consider the application as soon as practicable.

If they are no longer satisfied that the organisation meets the threshold for being listed as a terrorist organisation, the Attorney-General must make a declaration, which results in the regulations listing the organisation ceasing to have effect.

You will find listed terrorist organisations on the Australian National Security website.

Offences in relation to terrorist organisations

It is an offence to:

• be a member of a terrorist organisation
• direct the activities of a terrorist organisation
• recruit for a terrorist organisation
• train or receive training from, or participate in training with a terrorist organisation
• acquire funds for, from or to a terrorist organisation
• provide support to a terrorist organisation.

It is also an offence to associate with a listed terrorist organisation. This is subject to certain exemptions. Anyone guilty of terrorist organisation offences can face imprisonment for up to 25 years.

Terrorist organisation offences are detailed in Division 102 of the Criminal Code Act 1995 which is administered by this department.

The Attorney-General has issued the following documents in relation to prosecutions for terrorist organisation offences, where the conduct relates to the listed terrorist organisation Hizballah:

• Ministerial Direction to the Commonwealth Director of Public Prosecutions requiring the Attorney-General’s consent in order to commence a prosecution for terrorist organisation offences under the Criminal Code where the conduct relates to Hizballah.
• Policy Guideline that sets out factors the Attorney-General may consider when determining whether to consent to a prosecution related to Hizballah.

The Attorney-General has issued the following documents in relation to prosecutions for terrorist organisation offences, where the conduct relates to the listed terrorist organisation Hamas:

• Ministerial Direction to the Commonwealth Director of Public Prosecutions requiring the Attorney-General’s consent in order to commence a prosecution for terrorist organisation offences under the Criminal Code where the conduct relates to Hamas.
• Policy Guideline that sets out factors the Attorney-General may consider when determining whether to consent to a prosecution related to Hamas.

Freezing assets of organisations

As a member for the United Nations, Australia has obligations to freeze the assets of terrorists and terrorist organisations.

These obligations are implemented through Part 4 of the Charter of the United Nations Act 1945 and the Charter of the United Nations (Terrorism and Dealing with Assets) Regulations 2008.

The Department of Foreign Affairs and Trade administers these Acts.